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(영문) 수원지방법원 안양지원 2018.09.21 2017고단1311
폭행
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant had weak ability to discern things or make decisions due to the illness.

On June 28, 2017, the Defendant: (a) at the front of the painting middle school and the victim C (the remaining and the age of 24) of the painting 460, Masan-ro, Masan-si, Masan-si, Masan-si, Masan-ro, Masan-ro, 460.

“ .....” However, the victim did not answer the Defendant’s speech because the victim worn a earphone and heard the singing, and assaulted 4 times on the left-hand side of the victim’s son and shot, and twice on the left-hand side of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of C’s written laws and regulations

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act to mitigate mental and physical weakness;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommendations according to the sentencing guidelines] - The area of mitigation (one month to eight months) for the crime of assault (general assault) - The person who has a special mitigation: the mental and physical weakness (no person responsible for him/her) [decision of the sentence] are several times the number of records of being punished by a fine for the same crime of assault.

However, the crime was committed under the state of mental and physical weakness due to early illness, and the hospital is currently receiving hospitalized treatment as early as early as it was.

The sentence shall be determined as ordered in consideration of these circumstances, the age, character, environment, etc. of the defendant and the conditions of sentencing.

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